Decision Date: 08/28/95 Archive Date:
08/28/95
DOCKET NO. 93-23 873 ) DATE
)
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee
THE ISSUE
Entitlement to service connection for psychiatric
disability.
REPRESENTATION
Appellant represented by: American Red Cross
ATTORNEY FOR THE BOARD
Frank L. Christian, Counsel
INTRODUCTION
The veteran served on active duty from January 1971 to
October 1978, and from July 1980 to April 1983.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a rating decision of March 1993 from
the Department of Veterans Affairs (VA) Regional Office (RO)
in Nashville, Tennessee.
REMAND
The veteran contends that he has post-traumatic stress
disorder (PTSD) as a consequence of his combat service in
the Republic of Vietnam from October 1971 to October 1972.
It is contended that the veteran has received private
counseling at the Vet Center, Johnson City, Tennessee, and
that he received counseling in 1991 from a VA psychologist
at the VA Medical Center, Mountain Home, Tennessee, who
confirmed the presence of PTSD symptomatology with
impairment of function.
The Board's review of the record in this case shows that the
veteran served in the Republic of Vietnam from October 1971
to October 1972; that his military occupational specialty at
that time was armored reconnaissance specialist; that he
alleges that he was present during mortar attacks and sniper
fire during his Vietnam service; and that casualties were
taken during such attacks.
The Board notes that the RO has obtained service medical
records from only the veteran's last period of active
service (July 1980 to April 1983). It is further noted that
the RO has made no effort to obtain records of postservice
treatment described by the veteran in his Statement in
Support of Claim (VA Form 21-4138), received in December
1991, which cites psychological counseling at the Vet Center
in Johnson City, Tennessee, and at the VA Medical Center,
Mountain Home, Tennessee. It is further noted that, while
the United States Army and Joint Services Environmental
Support Group (ESG) requested additional information from
the veteran regarding the stressors claimed to have been
experienced in the Republic of Vietnam, no effort was made
by the RO to obtain and communicate such additional
information.
Based upon the foregoing, the Board finds that further RO
actions are warranted. Accordingly, the case is REMANDED to
the RO for the following actions:
1. The RO should ask the National Personnel Records Center
(NPRC) to provide the veteran's complete service medical
records and service administrative records for all periods
of active service.
2. The RO should contact the veteran and request that he
identify specific names, addresses, and approximate dates of
treatment for all health care providers from whom he has
received treatment since service separation for any
psychiatric disorder. With any necessary authorization, the
RO should attempt to obtain the treatment records identified
by the veteran that have not been secured previously. In
any event, the RO should obtain copies of all clinical
records pertaining to treatment of the veteran at the Vet
Center, Johnson City, Tennessee, and at the VA Medical
Center Mountain Home, Tennessee, from the time of service
separation to the present time.
3. The RO should ask that the veteran provide more specific
information regarding his claimed stressors while serving in
the Republic of Vietnam, including the date, type and
location of each incident claimed and the full names of any
casualties.
4. If any medical evidence suggesting that the veteran has
a psychiatric disorder related to service is received, the
RO should request the ESG to attempt to verify the veteran's
alleged stressors. The RO should also schedule a VA
examination of the veteran by a board-certified
psychiatrist, if available, to determine the current nature
and extent of any psychiatric disorder found to be present.
All necessary and appropriate diagnostic tests and
procedures should be conducted and the findings reported in
accordance with the applicable provisions of the Physician's
Guide for Disability Evaluation Examinations. The examining
psychiatrist should be asked to express an opinion as to
whether PTSD or any other psychiatric disorder related to
the veteran's periods of active service is present and to
identify all clinical manifestations of such disorder. A
complete rationale for all opinions expressed should be
provided. The examining physician should be provided with
the claims folder for review prior to the requested
examination.
5. Thereafter, the RO should undertake any other indicated
development and readjudicate the issue of entitlement to
service connection for psychiatric disability.
If the benefit sought on appeal is not granted to the
veteran's satisfaction, the RO should issue a supplemental
statement of the case on all issues in appellate status, and
the veteran and his representative should be provided an
opportunity to respond. The case should then be returned to
the Board for further appellate consideration, if otherwise
in order. The Board intimates no opinion, either legal or
factual, as to the ultimate disposition of this claim.
SHANE A. DURKIN
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740,
___ (1994), permits a proceeding instituted before the Board
to be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United
States Court of Veterans Appeals. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal. 38
C.F.R. § 20.1100(b) (1994).
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